Notice of Release of Liability
In exchange for participation in the activity of interacting with cats and/or kittens organized by Mr. Kitty’s Cat Café and Boutique of 502 S. Farwell Street Eau Claire, WI 54701 and/or use of the property, facilities, and services of Mr. Kitty’s Cat Café LLC, I agree for myself and (if applicable) for the members of my family, to all of the following:
Mr. Kitty’s Cat Café LLC Adult Waiver
1. Mr. Kitty’s Cat Café LLC has available cats to be interacted with by customers/patrons. Mr. Kitty’s Cat Café LLC agrees to allow me to enter their cat lounge and interact with their animals in exchange for payment of the required fees and my execution of this Release and agreeing to be bound by its terms.
2. I am aware of and fully understand the inherent dangers involved in playing with cats, including the risk of personal injury or damage to myself, other persons, my property, and/or the property of others while participating in such activities or having my property at the site of such activities. I further acknowledge that participants in such activities and other persons involved in these activities may not be covered under insurance of Mr. Kitty’s Cat Café LLC and that customers of Mr. Kitty’s Cat Café LLC may not have any right to file a claim against any Mr. Kitty’s Cat Café LLC insurance policy. I freely and voluntarily execute this release with such knowledge and assume full and sole responsibility for personal injury and/or property loss arising from or in any way connected with my participation in the activities provided by Mr. Kitty’s Cat Café LLC. I assume and accept all risk for my participation in these activities, including, but not limited to allergy issues, ringworm, personal injury, sickness, death, and property damage.
3. I agree to abide by all rules and regulations that Mr. Kitty’s Cat Café LLC may impose regarding the cats. I agree to follow all rules and to undertake all activities in a responsible manner. IF I AM UNWILLING OR UNABLE TO FOLLOW ANY RULES, Mr. Kitty’s Cat Café LLC WILL TERMINATE MY CONTINUATION OF SUCH ACTIVITIES, AND I WILL NOT BE ENTITLED TO ANY REFUND OF FEES.
4. I acknowledge that playing with cats may not be supervised, and Mr. Kitty’s Cat Café LLC staff/volunteers will not be with me the entire time I am in contact with the cats, but Mr. Kitty’s Cat Café LLC staff/volunteers will remain on the premises to monitor the activity of all current participants, offer guidance and encouragement, and be available to assist in the event of participant difficulty.
5. I have no physical or emotional issue(s), including, but not limited to, any allergies, which would adversely affect my ability to play with the cats in a safe and appropriate manner.
6. I agree not to engage in any activity that will injure or otherwise harm the cats in any manner.
7. I hereby release and forever discharge Mr. Kitty’s Cat Café LLC, their respective agents, owners, employees, and independent contractors, and their respective sureties, insurers, successors, assigns, and legal representatives, from any liability, claim, cause of action, demand and damages for injury, death or damages of any kind or nature whatsoever to myself or my property as a result of my engaging in any activities at Mr. Kitty’s Cat Café LLC, including, but not limited to, playing with the cats, whether such injury, death, or property damage is caused by the intentional or negligent act or omission on the part of (i) any other customer of Mr. Kitty’s Cat Café LLC, (ii) any volunteer, employee, agent, owners, or independent contractor of Mr. Kitty’s Cat Café LLC, or (iii) any other person at Mr. Kitty’s Cat Café LLC. Furthermore, I agree to pay any and all attorney's fees and costs of Mr. Kitty’s Cat Café LLC and any of their respective agents, employees, owners, and independent contractors if I bring any action, claim, or demand against Mr. Kitty’s Cat Café LLC or any of their respective agents, employees, owners, and independent contractors for any reason for which this release applies.
Additionally, I agree that if myself or anyone in my party is to harm/injure a cat or kitten in anyway and needs the attention of a vet, Mr. Kitty’s Cat Café LLC will collect information from myself to forward the bill to the address stated on this waiver or incident report. I agree to pay for any charges acquired from this said injury. Mr. Kitty’s Cat Café LLC will take a report of the incident with all pertinent information attached. The Cat Injury incident report will need to be filled out by a Mr. Kitty’s Cat Café LLC employee and signed by all parties involved. A copy will be provided to each party for their records.
8. I agree to defend with counsel chosen by the indemnified party, indemnify, and hold harmless Mr. Kitty’s Cat Café LLC, their respective agents, employees, owners, and independent contractors, their sureties, insurers, successors, assigns, and legal representatives from any liability, claim, cause of action, demand or damages for injury, death or damages of any kind or nature whatsoever to any person or their property resulting from any actual or claimed intentional or wrongful act or omission by me arising from or as a result of my presence at Mr. Kitty’s Cat Café LLC or my participation in any activities at Mr. Kitty’s Cat Café LLC. I agree to provide said defense and indemnity regardless of the merit of the claim.
9. I agree to and hereby bind my heirs, executors, assigns and all other legal representatives by executing this Release.
10. I hereby acknowledge and agree that this Release is intended to be construed and interpreted as broad and inclusive as permitted by the laws of Wisconsin. If any portion of this Release is found or declared to be invalid or unenforceable, such invalidity shall not affect the remainder of this Release not found to be invalid and the remainder of this Release shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Wisconsin (without regard to the laws that might be applicable under principles of conflicts of law, and without regard to the jurisdiction in which any action or special proceedings may be instituted), as to all matters, including but not limited to matters of jurisdiction, validity, property rights, construction, effect and performance. All disputes shall be subject to litigation only within the courts of the State of Wisconsin, Eau Claire County.
11. Video, Photograph Agreement. I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials. I hereby release, defend, indemnify and hold harmless the producers from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older and/or guardian is 18 years or older.
12. BY EXECUTING THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE, UNDERSTAND THE CONTENT HEREOF, HAVE BEEN ADVISED AND HAD THE OPPORTUNITY TO SEEK INDEPENDENT COUNSEL OF MY CHOICE AND CERTIFY THAT I HAVE FREELY AND VOLUNTARILY EXECUTED THIS RELEASE. I ACKNOWLEDGE THAT, BUT FOR THE EXECUTION OF THIS RELEASE AND AGREEING TO BE BOUND BY THE TERMS HEREOF, Mr. Kitty’s Cat Café LLC WOULD NOT AUTHORIZE ME TO PARTICIPATE IN ANY ACTIVITIES AT Mr. Kitty’s Cat Café LLC.
I am signing this agreement electronically. I agree that my electronic signature is the equivalent of my manual signature on this agreement. By typing my name, I agree to be legally bound by the terms and conditions of this Agreement. I also agree that no certification authority or other third-party verification is necessary to validate my E-signature and that lack of such certification or third-party verification will not in any way affect the enforceability of my E-signature or any resulting contract between me and Mr. Kitty’s Cat Café LLC.
I agree to the liability and release waiver.
I agree to the cancellation/reschedule and refund policy.
I agree that ALL guest in my party are at lease 7 years of age. This is a liability issue and not up to parental discretion. PLEASE NOTE: NO REFUNDS will be provided for reservations denied due to falsified age of minors.
By signing below, you certify that you have read, understand, and agree to all of the rules and terms and conditions of service listed within the Mr. Kitty’s Cat Cafe LLC Rules and Waiver of Liability.